KAPLAN v. HAMMER

Admiralty No. 20285.

161 F.Supp. 625 (1958)

Ray KAPLAN, as Executrix of the Estate of Bernard S. Kaplan, Libelant, v. Herbert HAMMER, Respondent.

United States District Court E. D. New York.

May 12, 1958.


Attorney(s) appearing for the Case

Silas Blake Axtell, New York City, by Charles A. Ellis, New York City, of counsel, for libelant.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, by Vincent J. Ryan, New York City, and John P. Conroy, Brooklyn, N. Y., of counsel, for respondent.


BYERS, Chief Judge.

In this cause the libelant as executrix of her deceased husband's estate has filed a libel in which she demands $15,000 damages in the first cause of action as pleaded and $10,000 in the second, making in all $25,000.

The testimony reveals that the decedent was a passenger on the respondent's vessel, Whitby III, on August 22, 1953, when it is said that "he was caused to slip and fall on the slippery deck while the decedent was fishing....

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